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Keywords

attorneystatuteequityappealtrialsummary judgmentcomplianceregulation
statuteequityappealhearingtrialaffidavitpleamotionsummary judgmentcomplianceregulationmotion for summary judgment

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State ex rel. Douglas v. Wiener, 220 Neb. 502, 370 N.W.2d 720, 26 Ed. Law Rep. 457

Facts

The State of Nebraska, represented by the Attorney General and the Hamilton County attorney, initiated legal action against John and Carol L. Wiener for operating a private home school in violation of state education regulations. The Wieners argued that their noncompliance was based on their religious beliefs and the First Amendment, asserting their right to educate their children without state interference. The trial court dismissed the State's petition, leading to the appeal.

At the relevant times herein the Wieners were teaching their two school-age children in their home. From the pleadings, affidavits, and exhibits at the hearing on the motion for summary judgment, it was conclusively established that the Wieners were operating the school continually in flagrant violation of then existing State Department of Education rules and regulations and Nebraska statutes.

Issue

Whether injunctive relief is available to prevent the operation of a private school that is in continuing and flagrant violation of State Department of Education rules and regulations and Nebraska statutes.

The narrow issue dispositive of this appeal is whether injunctive relief is available to prevent the operation of a private school which is in continuing and flagrant violation of State Department of Education rules and regulations and Nebraska statutes, even though the violative acts may be subject to criminal sanctions.

Rule

A court of equity may properly afford injunctive relief where there has been a continuing and flagrant course of violations of the law, even though these acts may be subject to criminal sanctions.

A court of equity may properly afford injunctive relief where there has been a continuing and flagrant course of violations of the law, even though these acts may be subject to criminal sanctions.

Analysis

The Supreme Court reviewed the case de novo and determined that the trial court's dismissal was incorrect. The court reaffirmed that injunctive relief is appropriate in cases of ongoing violations of law. However, since the Wieners had since complied with the revised education regulations, the court found that the case was moot and did not need to address whether the summary judgment should have been granted.

Because the State, in oral argument in this court, admitted that the Wieners' school operation is now in compliance with revised State Department of Education rules and regulations and amended Nebraska statutes, it is not necessary for this court to reach the issue as to whether the State's motion for summary judgment should have been granted.

Conclusion

The Supreme Court reversed the trial court's dismissal with prejudice and remanded the case with instructions to dismiss it as moot due to the Wieners' compliance with the regulations.

The judgment of the trial court in dismissing the State's action with prejudice prevents the State from again filing for injunctive relief in the event that the Wieners operate a school in flagrant violation of State Department of Education rules and regulations and Nebraska statutes.

Who won?

The prevailing party was the Wieners, as the Supreme Court found the case moot due to their compliance with the education regulations, preventing further injunctive relief.

The Supreme Court reversed this decision, stating that while injunctive relief is appropriate for ongoing violations, the case became moot due to the Wieners' subsequent compliance with the regulations.

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